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If custodial parent dies is there any way a step parent can retain custody of kids? Custody was taken away from biological mom on terms of inappropriate conduct, mental health, attempted suicide, and risky lifestyle. Biological mom was awarded by father every other weekend and she rarely keeps in touch with the kids.

If my husband died would there be any chance in me retaining custody in his stead so the kids would not have to leave their home, school, family, and friends while still allowing Biological mom visitation?

Asked on 5/29/09, 10:48 am

1 Answer from Attorneys

It is possible under certain circumstances for a non-parent (or step-parent) to obtain custody of a child. The best course of action is typically to allege that the step-parent is a "psychological parent" to the child and then utilize that theory to seek custody.

These are complex issues, and it is important that they be handled correctly. Therefore, it is important that you consult an experienced family law attorney to find out what options are available to you based on the facts of your particular case.

If you need more information, you can visit my family law blog (www.SCFamilyLaw.com) or our website (www.StevensFirm.com). I wish you the best of luck.